Judge orders Mendocino County to issue permit for Hamburg home burial

Mendocino County Superior Court Judge Cindee F. Mayfield on Friday ordered the county to issue a death certificate and burial permit for 5th District Supervisor Dan Hamburg's deceased wife, Carrie J. Hamburg, that allows her to stay buried on the family's property.

Carrie Hamburg passed away on March 5 and was buried on the family's rural property off Highway 253 on March 8, 2013.

Barry Vogel, attorney for the Hamburg estate, applauded the judge's decision saying, "This is an important precedent in recognizing the right to home burial in California. It is also a huge relief for the Hamburg family and friends."

Despite the county's initial rejection of the family's application for a permit and death certificate, Deputy County Counsel Brina Latkin told the court that "the county had no objection to the issuance of the burial permit and death certificate."

Mayfield directed the Mendocino County Department of Public Health and registrar of vital statistics to issue the burial permit for the site where Hamburg's wife is currently buried and a death certificate based on Carrie Hamburg's wishes, written in her will, according to the order.

Vogel filed a notice of ex parte motion for the county to issue the permit and death certificate June 3. Attached to the document are declarations from former county Public Health Officer Dr. Marvin Trotter and current Public Health Officer Dr. Charles Evans, both saying "the manner in which Ms. Hamburg was buried create no public health risk or hazard," according to the document.

Supervisor Hamburg sued the county over the rejection of the family's application, and Friday announced he will drop the lawsuit.

"We appreciate the county's cooperation in resolving this matter expeditiously," supervisor Hamburg said of the ruling. "In recognition of this cooperation, we will withdraw our suit and our request for attorney's fees."

Vogel noted the decision marks the third known case in which county judges have upheld the right to home burial under specific circumstances as being in accordance with state law.